Honble SHARMA, J.–Mukesh, a young boy of 19 years, lost his life in an accident that occurred on May 5, 2002. The Motor Accident Claims Tribunal awarded a sum of Rs. 1,82,000/- to the claimants Since learned Tribunal exonerated New India Insurance Company from the liability to pay compensation, the claimants preferred Civil Misc. Appeal before the Single bench of this Court. Learned Single Bench vide order dated May 17, 2004 dismissed the appeal with these observations:- ``It is difficult to appreciate how the claimants are competent to address the court on the question that the driver of the vehicle which caused the accident was holding a valid licence for light motor vehicles and that his licence was valid upto the year 2014, when neither the owner nor the driver has come up in appeal against the Tribunals award challenging the finding of the Tribunal that the driver of vehicle was holding a valid licence. (2). We have heard the rival submissions and scanned the record. (3). It is well settled that even if the breach of terms and conditions of insurance policy is made by the driver of the vehicle, the burden lies on the insurance company to establish that breach of conditions of insurance policy was made to the knowledge of vehicle owner. In the instant case admittedly the New India Insurance Company did not plead in the written statement that breach of insurance policy was committed to the knowledge of vehicle owner. Thus the respondent insurance company cannot absolve itself from the liability. (4). For these reasons the appeal stands partly allowed and it is directed that respondent New India Insurance Company shall be liable jointly and severally to pay the compensation. We however see no ground to enhance the award. The impugned judgment of learned Single Judge is set aside and award of Tribunal stands modified as indicated above. No costs.